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Family Law

How to Deal With Insurance Companies?

Having insurance is very essential today and in some cases it’s a requirement by law to have insurance. If you are thinking of buying an insurance policy or are in a situation where you need to claim on an existing insurance policy then it is advised that you take proper steps to protect yourself and get the best deal out of the situation. As a well informed consumer it will be beneficial for you to have a clear understanding of the policy details before buying it. Further, it is also important to collect appropriate information before making claim on a policy as it will increase the chances of a successful outcome. Getting proper legal advice is usually a good way of ensuring that you make a right decision regarding your policies and claims.
Here are some tips that will help you in dealing with insurance companies.
Buying The Policy: Insurance company agents are not always completely true about their policies. They might tend to hide some points in the policy. As a consumer you should take proper notes including the details about coverage you are buying when the insurance agent explains them to you. These notes should be kept with the policy file along with any promotional material that you are given when you buy the policy. Do not rely on the agent and always insist on reading the completed application form yourself. Further, you should be honest while answering the questions as any misinformation on the application form might result in unwanted results when you claim your policy. You can also ask a lawyer free of cost regarding the policy over the internet as many lawyers offer free legal advice over the internet.
Making a Claim: Making all those notes and saving them with the policy file will come handy while making claim on the policy. Before you speak with the company representative, go through the notes and policy. Go through the coverage, exclusion and limitations on the policy and make sure that you do not say anything that the insurance company could use to deny the claim.
Further, collect proper information and all the evidence you can in support of your claim. One of the best ways to do so is by taking photographs of your loss and by keeping proper records of it. As a policy holder you should never exaggerate the loss or any aspect of the claim. Before accepting the evaluation of loss from the insurance company’s expert you should get an estimate from a reputed independent insurance expert. You should also obtain legal advice before submitting to an “examination under oath” by the insurance company.
Maintaining a log of all the activities and communications with the insurance company along with representative’s name, position and phone number would be a good start for the claim procedure.
In Case of a Dispute: You can expect a little favor from the court when it comes to deciphering the policy. Courts usually aim to honor the reasonable expectations of a policy holder in such situations and any ambiguities in the policy are ruled in policyholders favor as the company framed the policy.
You can always ask a lawyer free questions regarding insurance policy and claims over the internet. There are many websites over which highly experienced and some of the best lawyers offer free legal advice to visitors.…

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Solicitor

Legal Advice: Do Not Risk Your Compensation Claim

If you have sustained an injury at work or have been involved in any form of accident, it can be quite a stressful and debilitating time in your life. In most cases, the injured party will be entitled to some form of compensation. On the other hand, people find that with the stress of just trying to survive and getting through the ordeal somehow make them feel they have no more time or extra energy to file a claim. This is why legal advice can be so helpful to anyone when filing a compensation claim, a motor vehicle claim, personal injury or work injury claim, the experts available know the ins and outs of local laws and can help make what is an extremely stressful time run more smoothly.
When a compensation claim is broken down to its basic elements, there are always two sides trying to win a battle. On one hand, you have the employer and or their insurers that will try to keep any damage awards as low as they possibly can. Whilst you on the other hand just want your rights respected and be given a fair and just compensation package. Because of the rivalry that exists when a compensation claim is filed it only makes sense that you would want someone on your side batting for you. If not, then it will be all you going up against your employer and their insurance firm. One thing for sure though, they will have a legal representation and this will give them the upper hand.
By seeking legal advice they can put you in touch with a personal injuries lawyer who will provide you with all the help you may need when filing your claim for compensation. This area of the law can be quite a difficult one to find your way through especially if you try to do things alone, depending on the circumstances there can be a lot of pitfalls that the average person just would not understand and legal jargon is bad enough in a straightforward case never mind a complex compensation claim. In many workplace injury claims, an accident can leave a person unable to return to work for weeks sometimes months as they recover, worse still upon recovery your injuries may leave you unable to continue with your current occupation and only able to find work of a lesser capacity. What if the injury left you unable to return to work at all with a permanent disability? This is why it is always advisable to seek professional help; after all there could be the rest of your life resting on your compensation reward.
This is where legal advice comes in, they will put you in touch with the right people to deal with so you can have a stress-free claim. Remember, spending some cash to acquire professional services is definitely advantageous to you when filing a compensation claim. Get help from the experts. They are the right people to talk to regarding your claims, as they are the ones well equipped in handling cases such as yours.…

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General Article

Post Divorce Modifications

Post Divorce Modifications

After a divorce is finalized, it does not mean that the agreement is set in stone. As time goes by circumstances are more than likely to change for one or both spouses. When a significant change in circumstances occurs in either spouse’s life, then it may warrant a post divorce modification.

Modifications are used to change the terms of a child custody and visitation agreement, they can make changes in child support payments and they can modify spousal support or alimony payments. When it comes to child support and alimony, typically the person who is paying will seek a downward modification, whereas the person on the receiving end of child support or alimony will seek an upward modification.

In order for the courts to grant a modification, the petitioning party must prove a significant change in circumstances in order for the modification to be granted. Thus, the burden of proof is on the person who is seeking a modification.

What types of situations would warrant a modification? One aspect of modifications involves the area of spousal support. If a husband was paying alimony to his ex-wife and he lost his job, he could petition the courts for a modification so his payments can be reduced or eliminated entirely. On the other hand, if a man was paying alimony to his ex-wife and she obtained a well paying job, he might petition the courts for a modification as well.

Modifications are commonly used for child support payments. If a father was paying child support and his pay was cut, he could seek a downward modification. Conversely, if the father received a substantial raise, then his ex-wife could seek an upward modification that would reflect his pay increase.

Another reason for modifications has to do with child custody and visitation agreements. Perhaps when a son reached his teen years he realized that he would prefer to live with his father because he had a better relationship with him than his mother. In this case, the father can request that a modification be made to the child custody agreement. If parents want to change custody, or if they want to increase or reduce visitation for any reason, then they would have to petition the courts for a modification.

If the custodial parent wants to move out of the area or out of state with their child then they are going to need to request permission from the court. The courts will look at a number of factors, such as the child’s relationship with the non-moving parent, and if the move is in the best interests of the child.

Divorce agreements are considered permanent until a modification is made. The courts understand that circumstances change over time, thus warranting a modification. However, it will be up to the petitioning party to provide substantial evidence as to why the modification is in order.…

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General Article

How Does A Forensic Toxicologist Help A Solve Murder Case

How Does A Forensic Toxicologist Help A Solve Murder Case

Forensic toxicology is typically used to measurement drugs, alcohol and various poisonous chemicals in humans and other biological species. The analysis and interpretation of such measurements can be the turning point in a criminal investigation. Since the early 1900s, toxicology has played an increasingly more important role in criminal cases because of the rise in crime levels. Forensic toxicology has several areas of specialties yet the one that is sought after the most is postmortem toxicology.

Many toxicology tests utilize urine or blood samples to find traces of drugs. In certain cases, other bodily fluids may be examined such as stomach chemicals, saliva or sweat. Often, toxicologists find drugs in the urine more easily than the blood.

The trustworthiness of the results depends a lot on how the laboratory examines the material. For example, 2 men that were given the death penalty in India for killing an individual by rubbing in plague germs into a minuscule cut on their victim. The laboratory was able to find a tiny wound primarily by using an advanced medical device that could magnify almost any type of skin injury.

Unlike killing a person by using a gun or knife, poisoning can use everyday objects to transfer the deadly agents. Sleeping powders can be stirred into a drink. Chewing gum be coated within an invisible chemical and drugs or poisons can be added to food. Alcohol can also be poured into a strong flavored fruit drink that is difficult to detect by taste. Most everyday objects can be used for delivering a poison.

One of the first duties of a forensic toxicologist is to find out if the cause of death was from a poison. Second, if this is true then they need to search for the particular poison that was employed and find out how it was given.

The answers to these questions are typically determined through analytical chemistry. The toxicologists may examine the murder victim’s flesh, brain tissue or viscera to several chemical tests while looking for different kinds of poisons or drugs. When the harmful element is discovered and identified the specific poison may be isolated. Once the exact poison has been discovered then the food, drink or other suspected items are checked for the same poison.

Thanks to advances in computer medical technology, forensic toxicologists can examine the skin, hair and bodily tissues to pin-point unnatural harmful elements and track them back to the suspect.…

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Family Law

Need Assistance With Family Law?

There are some times in our lives when seeking legal advice and assistance is better than trying to do everything ourselves. If you think that you may need legal assistance with family law then you may want to know how it can help you in your particular situation.
Many aspects of our lives, particularly in the area of human rights and protecting the people with less power (such as children, the elderly and in some cases partners) are protected by rules and regulations set down as law in New Zealand. There is an increasing need to ensure you have the backing of this in particular periods of your life, including entering a long term relationship, protecting assets, sharing assets during a separation and divorce, and planning succession later on in life.
If you have assets that need protection it may be a good idea to look at establishing some sort of family trust. This is a very good idea if your child’s marriage looks unstable, or you want to ensure you have your assets looked after should you need to move into a rest home or be cared for later on in life. This can also include information relating to power of attorney, should anything happen to prevent you from being able to stay in control of your own affairs later on in life. Sometimes it can help to appoint someone who is not directly involved. You can also engage legal help when sorting out your will, and preparing the distribution of your assets once you have passed.
If you need family law assistance to help with your dependents, there is certainly a lot that a professional lawyer can do to protect you and your children, should that be required. This can include helping with the arrangement of custody agreements and what monies should be paid to which partner. Lawyers can also help with the distribution of assets and help divide relationship property up.
Often lawyers can provide you with one of the most valuable parts of seeking legal advice – the chance to check whether your plans and needs fit in with family law. It can sometimes be hard to know who to talk to, without it impacting others in your family. You can be assured that legal advice and help is all conducted in a confidential manner, protecting you, your family and your assets.…

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Barrister

Applications Required For Green Card Petition

Form I-130, Immigrant Petition for Relative must be obtained by relatives of intending immigrants who plan to base their immigrant visa applications on family relationship and submit at USCIS office. The petitioning U.S. citizen or legal permanent resident will receive a notice of approval, Form I-797, once USCIS approves the petition. The approved petition will be sent by USCIS to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.

With the U.S. Citizenship and Immigration Services the following need to be filed if you are applying to bring your spouse to the U.S. to live:

If you are a U.S. citizen but not by birth a copy of either

If you are a lawful permanent resident (LPR)

Completing the Petition for Alien Relative

On the bottom left corner of Form I-130 you can locate the form number. The American citizen must complete and sign the form. Two photographs each of both the petitioner and applicant need to be submitted along when the form is filed. A copy of the marriage certificate and any divorce or death certificates showing termination of previous marriages should be submitted to show that the couple is eligible to file.

A copy of his or her citizenship papers or birth certificate should be submitted by the petitioner to prove US citizenship or permanent resident status. Photocopy of green card should be submitted by permanent resident petitioners since the USCIS no longer accepts copies of US Passports as proof of citizenship. Photocopy of the alien spouse’s birth certificate in English should be attached and if in other languages a certified translation must accompany it.

You would not need to file the Petition for Alien Relative Form I-130 if you are the alien fiance (e) who entered the US on a K-1 visa. File the rest of the forms and attach the approval notice from the consulate together with a copy of the visa and marriage certificate.

Filing Biographic Information Sheet

Two copies of Form G-325A, Biographic Information will be needed filled out one each by you and your spouse. The form provides information about your parents, place of residence, employers of both husband and wife during the past five years, and previous foreign residences, if any. Your own form should be signed and dated before submission. Immigrant Petition not required if your alien fiancee has entered US with K-1 visa.…

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Lawyer

The Top Causes of Car Accidents

Although car collisions can be accidental, they can also be avoided through proper vehicle maintenance, cautious driving, and careful maneuvering through the elements. According to the National Highway Traffic Safety Administration (NHTSA), in 2009, there were 1.13 deaths per million vehicles traveled, the lowest fatality and injury rates ever recorded. The highway death toll of 30,797 also hit the lowest mark since 1950. However, drivers must continue to remain aware of their surroundings and use caution when taking the wheel to minimize the risk of an accident.
Car Maintenance
It is important to keep the vehicle up-to-date on all inspections and routine maintenance. If one side of the brakes fails to work, the other side will be unable to compensate and the vehicle will not stop. Tires need to remain inflated and rotated regularly. Uneven, improperly balanced, or worn-out tires also cause hazardous driving conditions, as do suspensions that are misaligned or broken. It’s also important to have the steering suspension checked by a mechanic. If the driver loses steering while behind the wheel, especially at high speeds, the collision could be disastrous.
Distracted Drivers
Oftentimes, drivers feel too confident when taking the wheel and have not been properly trained in road safety. However, due to recent law regulations, more states are demanding better and safer requirements for new drivers. Extra classroom instruction, road tests, and a higher new-driver age are all being put into effect across the country.
Driving under the influence and intoxication are a serious cause of traffic collisions. Because of this, the law sets strict cut-offs for blood alcohol content. According to the Centers for Disease Control and Prevention, there is one death every 45 minutes as a result from a vehicle crash and an alcohol-impaired driver.
Motorists are also easily distracted. Guaranteed ways to risk a collision include active discussions with passengers, talking on a cellular phone while driving, changing the radio and playing overly loud music. Daring drivers even eat, apply make-up, or change clothes while inside the vehicle. According to the NHTSA, in 2009, 5,474 people died and 448,000 were injured in crashes involving a distracted driver.
Aggressive driving and speeding are two other factors that contribute to car accidents. Tailgating, flashing high beams, rude gestures, and even assault are signs of an aggressive driver. Those who speed observe the speed limit signs, know the risk and the consequences, yet continue to do it anyway. The United States Bureau of Transportation Statics reports that in 2008, the greatest number of motor vehicle accidents occurred at a speed of 55 miles per hour, with 9,794 deaths.
Environmental Hazards
Weather is a severe factor when traveling in a car. Extreme sunlight, wind, rain, snow, and ice all make for a dangerous drive. Although bright sunlight causes blindness while driving, drivers do not consider the sun to be a hazard. Wind can cause a power line to fall, or debris to fly around or into your car. The NHTSA reports that in 2008, 30,167 accidents happened in normal weather conditions. However, the next highest crash report was 2,442 accidents which occurred in rain. Rain causes visual impairment if the vehicle does not have working windshield wipers, and it can cause sleek, slippery roads and flooding.
Even if the driver is traveling slowly and carefully through the snow, there is still a risk of an accident as there is no guarantee that an oncoming car will not slide and hit him. Drivers should always check the inflation of the tires and tread, keep a full tank of gas, and make sure that the windshield wipers work properly.
Drivers must also keep in mind that while roads must be maintained regularly, oftentimes they are not. Potholes and severely weathered roads make for not only a bumpy drive, but they also contribute to accidents. Traffic control devices such as signals and signs, crossings, and turning lanes all must be observed and followed carefully to avoid collisions.…